H.N. NARASIMHA MURTHY Vs. A.C. VENKATESH

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-complainant challenging the order dated 18.3.2019 whereunder the complaint came to be dismissed for default.

(2.) I have heard the learned counsel appearing for the appellant and the learned counsel for respondent No.2. Though notice has been served to respondents Nos.1 and 3, they have remained absent.

(3.) It is the contention of the learned counsel for the appellant that the impugned order is illegal, arbitrary, capricious and against the principles of natural justice. He further submitted that the trial Judge without giving full opportunity dismissed the case depriving the right and liberties of the complainant. It is his further submission that already the sworn statement has been recorded and cognizance has been taken and at that time the complainant remained absent and the complaint came to be dismissed, instead of dismissing, it could have given one more opportunity. It is his further submission that on the basis of the evidence the Court below should have framed the charge and proceeded with further proceedings. On these grounds he prayed to allow the appeal and to set aside the impugned order.